Sarita v. State of U.P.
Case brief
What is this about?
The court granted bail in a criminal proceeding under Sections 328, 380, and 411 IPC on grounds of parity with a co-accused and presence of supporting evidence and chance of witness tampering.
What did the court decide?
Applicant granted bail on executing personal bond with two sureties subject to conditions regarding court attendance and non-tampering.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1907 of 2018
Applicant :- Sarita Opposite Party :- State Of U.P. Counsel for Applicant :- Beerendra Pratap Singh,Indra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Prashant Sharma having similar role has been granted bail by this Court vide order dated 22.08.2017 in Criminal Misc. Bail Application No. 29835 of 2017 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 08.06.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Sarita involved in Case Crime No. 498 of 2015, under Section 328, 380, 411 I.P.C., Police Station Jaithara, District Etah be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity and reasonable apprehension of evidence tampering.
Parties & counsel
- applicant
Sarita
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/1907/2018
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